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Ad Hoc Committee - Private Security Industry (NI) Order 2009

Below is a draft of the proposed Private Security Industry Act 2001 (Amendment) (Northern Ireland) Order 2009, an Order in Council under section 85(1) of the Northern Ireland Act 1998 (c.47). It is required to be laid before Parliament under section 85(4)(a) of that Act.

Representations about the proposed Order and Scheme may be made to the Secretary of State for Northern Ireland during the period of 60 days* beginning with the day on which this document is laid.

Note as to procedure for an Order in Council under section 85 of the Northern Ireland Act 1998

The Secretary of State for Northern Ireland is also referring this document to the Northern Ireland Assembly for its consideration, in accordance with section 85(4)(b) of the 1998 Act.

A draft of an Order in Council to be made under section 85 (1) cannot be laid before Parliament until the period of 60 days* beginning with the day on which this document is laid before Parliament has ended.

When the draft order is laid, section 85(6) requires that it is accompanied by:

• a statement containing a summary of any representations made to the Secretary of State about the proposed Order during the 60 day period. Such representations include any relevant resolution of either House of Parliament (or of the Assembly), and any relevant report or resolution of any committee of either House of Parliament (or of the Assembly) (section 85(12));
• a copy of any report on the proposed Order made to the Secretary of State by the Assembly during that period; and
• a statement containing details of any changes made to the proposed Order as a result of any such representations or report.

The draft Order in Council must be approved by resolution of each House before it can be made.

Northern Ireland Office

Draft Order laid before Parliament under section 85(3) of the Northern Ireland Act 1998, for approval by resolution of each House of Parliament.

DRAFT STATUTORY INSTRUMENTS

2009 No.

SECURITY INDUSTRY

NORTHERN IRELAND

The Private Security Industry Act 2001 (Amendment) (Northern Ireland) Order 2009

At the Court at Buckingham Palace

Present,

The Queen’s Most Excellent Majesty in Council

The Secretary of State has laid a document which contained a draft of this proposed Order before Parliament in accordance with section 85(4)(a) of the Northern Ireland Act 1998(*i) and has referred that document to the Northern Ireland Assembly for its consideration in accordance with subsection (4)(b) of that section.

The period referred to in subsection (4)(c) of that section has ended.

A draft of this order has been approved by a resolution of each House of Parliament.

Accordingly Her Majesty, in exercise of the powers conferred by section 85 of the Northern Ireland Act 1998, by and with the advice of her Privy Council, makes the following Order:

Citation, commencement and interpretation

1. — (1) This Order may be cited as the Private Security Industry Act 2001 (Amendment) (Northern Ireland) Order 2009 and shall come into force on the day after the day on which it is made.

(2) In this Order “2001 Act” means the Private Security Industry Act 2001(*ii).

Amendment to the 2001 Act

 2. In section 4 of the 2001 Act (exemptions from licensing requirement), after subsection (12) insert—

"(13) In its application to Northern Ireland subsection (12) has effect as if—

(a) for the definitions of “safety certificate”, “general safety certificate” and “special safety certificate” there were substituted—
"“safety certificate”, “general safety certificate” and “special safety certificate”—

(a) in relation to a sports ground, have the same meanings as in Part 2 of the Safety of Sports Grounds (Northern Ireland) Order 2006 (S.I. 2006/313 (N.I. 2) (“the 2006 Order”)) (see Article 3 of that Order);

(b) in relation to a sports stand, have the same meanings as in Part 3 of the 2006 Order (see Article 12(1) of that Order);",

(b) for the definition of “sports ground” there were substituted—

“"sports ground” has the same meaning as in the 2006 Order (see Article 2(2) of that Order);", and

(c) for the definition of “sports stand” there were substituted—

"“sports stand” means a stand within the meaning of Part 3 of the 2006 Order (see Article 12 of that Order);".".

 3. In paragraph 8(2) of Schedule 2 to the 2001 Act, after paragraph (l) insert—

"(m) any premises in respect of which a licence under the Licensing (Northern Ireland) Order 1996 (S.I. 1996/3158 (N.I.22)) is in force;

(n) any place in respect of which an occasional licence under that Order is in force".

Clerk of the Privy Council

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Private Security Industry Act 2001 to take account of Northern Ireland legislation relating to sports grounds and sports stands and licensing law.

*In calculating the 60 day period, no account is taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.

(*i) 1998 c. 47.

(*ii) 2001 (c.12).